If you employ staff in the UK, you have a legal duty to carry out right to work checks before someone starts work. In most cases this is straightforward. You either check their digital immigration status using a share code or you review acceptable original documents for a manual check.
But sometimes a person can’t prove their right to work using either option, even though they may still have lawful permission to work. This is where an ECS check becomes essential.
An ECS check is a Home Office service that confirms whether someone has the right to work when they cannot show it through the standard routes. Used correctly, it protects employers from civil penalties and allows lawful workers to start or continue employment while their immigration status is being processed. This article explains what the Employer Checking Service is, when you need to use it and how it fits into the wider right to work process.
What does ECS stand for?
ECS stands for Employer Checking Service. It’s run by UK Visas and Immigration and is specifically designed for right to work situations where an employer cannot complete a normal check. The service verifies a worker’s immigration status directly through Home Office records and provides formal confirmation to the employer.
It’s important to understand that ECS is not a shortcut or an optional extra for every hire. It should only be used in limited situations where the individual cannot produce acceptable proof through the standard online or manual methods.
When is an ECS check needed?
There are several common scenarios where an ECS check is the correct step. One of the most frequent is when a person has an outstanding immigration application, appeal or administrative review with the Home Office. For example someone may have applied to extend their visa before it expired, but they have not yet received a decision or updated digital status. In that gap, they may still have the right to work, but cannot prove it with a share code.
An ECS check allows the employer to confirm their lawful status. Another scenario is where the person holds a Certificate of Application under the EU Settlement Scheme that tells the employer to verify their status with the Home Office. This certificate alone is not proof of right to work so ECS is required. ECS is also used for individuals who have claimed asylum and hold an Application Registration Card.
The card usually instructs the employer to obtain verification through the Employer Checking Service before employment can begin. In short, an ECS check is used when the worker claims they have permission to work, but they do not yet have the documents or digital record needed for a standard right to work check.
What happens during an ECS check?
- The employer submits an online request to the Home Office through the Employer Checking Service.
- You provide basic information about the worker, such as their name, date of birth, nationality and the type of evidence they hold, for example an Application Registration Card or Certificate of Application.
- The Home Office then checks its records and responds. If the person has a right to work, the employer receives a Positive Verification Notice.
- If the Home Office cannot confirm their right to work, it issues a Negative Verification Notice.
- A Positive Verification Notice provides the employer with a statutory excuse against a civil penalty for illegal working.
This statutory excuse lasts for six months from the date on the notice, after which a follow up check is required if the person still has temporary status.
Why ECS checks matter for employers
Using the Employer Checking Service correctly is vital because right to work compliance is a legal responsibility for every UK employer. If you employ someone who does not have the right to work and you have not completed a valid check, you may face a civil penalty, reputational damage and in serious cases criminal liability.
An ECS check is one of the accepted right to work methods, but only in the specific circumstances where standard checks are not possible. When you receive a Positive Verification Notice, it gives you a legal defence against a civil penalty for six months, as long as you keep the notice on file and complete a follow up check when required.
This makes ECS particularly important for employers who hire people with pending applications, appeals or certain Home Office issued documents.
The key point is that the protection only applies if the ECS process is followed properly and the request was genuinely needed. If you use ECS when a standard check should have been done instead, you may not have a valid statutory excuse.
What if the ECS result is negative?
A Negative Verification Notice means the Home Office cannot confirm that the person has the right to work. If this happens before employment starts, you should not employ the individual unless they can provide new evidence that allows a standard right to work check. If the person is already working for you, you should pause their employment and seek urgent advice, because continuing to employ someone without a confirmed right to work can expose you to liability.
A negative notice does not always mean the person has no right to work. Sometimes it results from missing details, incorrect information on the request or a status that has not been properly linked to the Home Office system. Where this is the case, a corrected request or further documentation may resolve the issue. However, employers should not assume this and must wait for confirmation before allowing work to continue.
Common mistakes to avoid
ECS checks are straightforward, but errors can still cause compliance problems. One common mistake is relying on ECS when the worker could provide a share code or acceptable documents. Another is submitting incomplete details, which can lead to a negative notice or delays.
Employers also sometimes forget that a Positive Verification Notice expires after six months and miss the follow up check, which removes their statutory protection. Keeping accurate records, checking eligibility for ECS before submitting a request and setting reminders for repeat checks are all practical ways to avoid these issues.
The importance of legal advice
You should consider speaking to an immigration solicitor if you are unsure whether an ECS check is required if your request has come back negative or if you are dealing with a wider right to work or sponsor compliance issue. Legal advice is also helpful where the worker’s status is complex, time sensitive or involves pending applications, because small procedural mistakes can have serious consequences for employers.
Please note that this article is solely for informational purposes. It’s not a substitute for legal advice. We encourage readers to contact Osbourne Pinner for case-specific guidance.
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